1 

### David R. Spivey
7696 Simmons Drive Foley, Alabama 36535 251

- 978

- 5341 David@DavidRSpivey.com

Attention: U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 2 0590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.10 9; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear U.S. Department of Transportation:

Pursuant to Section 333 of the FAA M odernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, David R. Spivey, a licensed real estate broker, FAA licensed private pilot and operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

Commercial operation of an U AS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, agriculture use, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under con tract with the owners or local government authority.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.2

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety
enhancement s to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish require ments for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the petitioner/applicant is:

David R. Spivey

7696 Simmons Drive Foley, Alabama 36535 (251) 978

- 5341 David@DavidRSpivey.com

Applicant Information

The applicant, David R. Spivey is holder of a Current Private Pilot Certificate # 3731284 . In addition to being an FAA approved pilot, David R. Spivey is holder of a Current Alabama Real Estate Broker’s License

# 13966 . Knowledgeable in NAS aeronautical rules and regulations, as well as being trained in the recognition of property boundaries and property ownership rights, applicant has an in depth understanding of the capabilities and safety concerns inv olved in using this technology as an asset to the community. Applicant has over 100 hours of flying time in the UAS described in this petition. Applicant shall, at all times, be assisted by a Visual Observer (VO)

. Satisfaction of criteria provided in Secti on 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant’s UAS.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2)

14 C FR 91.417 (a) & (b)3 

### Q500 TYPHOON MANUFACTURED BY YUNEEC ELECTRIC AVIATION

David R. Spivey will operate the Yuneec Electric Aviation Q500 Typhoon, with a takeoff weight of 1700g or 3.75 lbs. The UAS dimensions without rotor blades are 420mm x 420mm x 210mm or 16.5 inches x 16.5 inches x 803 inches. Under still air the maximum speed is no more than 30 mph with GPS navigation disabled and 15mph with GPS navigation enabled . The Q500 Typhoon has the ability to hover and move along a vertical and h orizontal plane simultaneously. The Q500 Typhoon has four 700 KV motors, Motor Model YUNM4234 , powered by a 3

- cell 5400mAh Lithium Polymer battery. There are four propellers in use, Propeller Model YUNQ500115 (A and B). The Q500 Typhoon will be controlled with the ST10 10

- channel remote controller with an operating frequency of 2.400GHz . The live video feed will have an operating frequency of 5. 80 GHz. The applicant will operate the UAS in line of sight within a closed off and predetermined area owned and or operated by the property representative.

Copies of the following m anuals and literature , which contain proprietary information, are attached hereto
as Exhibits :

 Exhibit 1

- Q500 Typhoon Operators Manual

 Exhibit 2

- Q500 Typhoon UA Specifications

 Exhibi t 3

- Q500 Typhoon Camera Specifications

 Exhibit 4

- Q500 Typhoon Ground Station Specifications

Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act’s safety requirements. The approv al of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant o f the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:4  The UAS will weigh less than 50 lbs.

 The UAS will have a maximum operating speed of no more than 49mph.

 Flights will be operated within line of sight of the Pilot in Command ( PIC) and Visual Observer (VO).

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 minutes of flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may
include but not limited to a C amera Operator.

 The UAS pilot will be the designated Pilot in Command (PIC) and hold an FAA Pilot’s License with a Third or higher Class Medical Certificate or valid state drivers’ license . If the PIC feels another operator to be qualified with the necess ary skills to be PIC, and holds an FAA Pilot’s License along with a Third or higher Class Medical Certificate or valid state drivers’ license , that person may be designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

 A briefi ng will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ production activities.

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

 The flights will occur no close r than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncon trolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent
information.

 The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

 The operator will obtain verbal/written consent of all persons involved with the planned

op eration and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permissio n of the FSDO, operations at closer range may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up

- to

- date information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and /or text at all times.5  Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 If the UAS loses communications with t he remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weat her, or emergencies.

 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

 All flight operations will be entered into a log book, with all records available for viewing by governing agencies.

14 C.F.R. Part 21, Subpart H: Ai rworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited opera ting area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 ( f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of t he particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 50 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosi ve materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with
airworthine ss certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of e xplosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number i s displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in
letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.6

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will
have no entra nce to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equival ent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Pri vate Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. T he risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Pilot’s License along with a current Third Class or higher Medical or valid state driver s’ license exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As
there wi ll be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each fl ight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraf t Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its si ze and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will
have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flig ht to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including
but not limite d to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (exc ept a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished
thr ough the use of a ground station that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental ai rcraft. The equivalent level of safety provided by the7

fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the
aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitude s for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this e xemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As se t forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above th e highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved gi ven the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filmin g activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated wi th these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventio nal aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the depart ure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator,

pu rsuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohi bits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed.

The battery powering the UAS provides approximately 20 minutes of powered flight. To meet the 20 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS’s proposed flight area a nd the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly con trolled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given th e size and speed of the small UAS. Additionally, limiting UAS flights to 20 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 mi nutes or 25% of battery power

— whichever happens first. This restriction would be8

more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating

area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certific ation and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to
the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance In spections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepa ncies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections
will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and ope rate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight , perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual .The operator will ensure that the UAS is in working order prior to initiating flight and perform re quired maintenance needed.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, David R. Spive y’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the p ublic, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, David R. Spivey will operate the Yuneec Electric Aviation Q500 Typhoon UA S safely in the NAS without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.9

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333 , Reform Act of 2012, Section 333, David R. Spivey respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 39 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b), and permit David R. Spivey to operate the Yuneec Electric Aviation Q500 Typhoon UAS for the purpose of conducting commercial aerial flights.

Respectfully Submitted on May 20th, 2015

.

David R. Spivey